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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-362 THE BOARD OF SUPERVISORS —e CONTRA COSTA COUNTY,CALI1__acNIA Adopted this Resolution on June 11,2002,by the following vote: •J AYES: XPEMSORS t>JtA, GMM, DeSAiJLl M, allvM AM G101A NOES: t ABSENT: t ABSTAIN: N= RESOLUTION NO.2002/ 362 SUBJECT: ADOPT Resolution No.2002/362Tabulating mail-in ballots,confirm tentative report and approving a benefit assessment for County Service Area M-31,Pleasant Hill BART Station Area,Pleasant Hill area. The Board of Supervisors of Contra Costa County FINDS THAT: 1. On April 23,2002,the Board of Supervisors adopted Resolution Nos.2002/256 and 2002/257 forming County Service Area(CSA)M-31,Pleasant Hill BART Station Area,Pleasant Hill area. 2. The property within CSA M-31 will receive a special benefit over the above that received by the general public in the form of the following types of extended services (the "Extended Services'): Transportation Demand Management programs(TDM).These are extended County facilities and services as prescribed in Government Code Sections 25210.4 et seq. These services, in particular, are set forth in the Plan for Providing Services for this service area, which was considered with the formation of CSA M-31 and is on file with the Local Agency Formation Commission of Contra Costa County("LAFCO"). 3. Resolution No. 2002/256 states that this is contemplated that CSA M-31 will be supported by benefit assessments or special taxes. 4. On April 23,2002,the Board adopted Resolution No.2002/256 a"Resolution accepting the tentative report,and fixing a public hearing to consider adopting a benefit assessment for CSA M-31 (Pleasant Hili BART Station Area." Resolution No, 2002/257 and the exhibits thereto described a proposed benefit assessment("Benefit Assessment"). 5. Resolution No.2002/256 accepted the"Engineer's Report for the CSA M-31 Pleasant Hill BART Station Area Benefit Assessment"(the"Engineer's Report')attached to said Resolution as Exhibit A. Resolution No.2002/ concluded that the Engineer's Report consititutes the"Tentatitive Report for the CSA M-31 Pleasant Hill BART Station Area Benefit Assessment Service Charge Fiscal Year 2002/2003"(the"Tentative Report"). 6. Resolution No 2002/256 states that the Board will conduct a public hearing(the"Hearing")on Tuesday,June 11,2002 at 1:30 p.m. in Room 107 of the Board of Supervisors' Chambers,651 Pine Street,Martinez,CA 94553. SE:sr G:\GrpData\SpDist\Board Orders\2002\ 06 June\06-11-02 130-Pleasant Hill BART.doc I hereby certify that this is a true and correct copy of an action taken and entered Or1g.Dept.: Public works Department(Special Districts) on the minutes of the Board of Supervisors on the date shown. Contact: Skip Epperly,313-2253 cc: Assessor ATTESTED: .TT1NF 11 2fY1) Auditor-Controller JOHN SWEETEN,Clerk of the Board of Supervisors and County County Administrator Admimsffittor County Counsel P.W.Accounting BY „-.-�/ - -' Deputy I.Rushton,Sp.Dist. RESOLUTION NO. 2002/362 SUBJECT: ADOPT Resolution 1,—2002/ approving a benefit assessment a.,.-confirming tentative report for County Service Area M-31,Pleasant Hill BART Station Area,Pleasant Hill area. DATE: June 11,2002 PAGE: 2 7. Resolution No.2002/256 directs the Public Works Director of Contra Costa County{'Public Warks Director')to mail the written notice of the Hearing(the"Notice'), attached to said Resolution as Exhibit B,to the record owners of the parcels identified in Seciton 4 of the Tentative Report. It directs that a ballot(the"Assessment Ballot)in the form of the ballot attached to said Resolution as Exhibit C,and a copy of the Engineer's Report be attached to the Notice. Resolution No. 2002/256 directs the Clerk of the Board to give written notice of the Hearing pursuant to Government Code Section 6066. 8. The Public Works Director and the Clerk of the Board provided notice of the Hearing in accordance with Resolution No. 2002/256. 9. The Public Hearing was held before the Board on Tuesday, June 11,2002 at 1:30 p.m. in Room 107 of the Board of Supervisors' Chambers,651 Pine Street,Martinez,CA 94553. At the Public Hearing,the Board heard and considered any and all protests to the proposed Benefit Assessment. At the Public Hearing,the Clerk of the Board delivered to the Board all the Assessment Ballots recived from record owners of parcels identified in the Preliminary Report. The Board tabulated the Assessment Ballots and weighted them according to the proportional financial obligation of the affected property. The Board closed the Public Hearing. 10. Based upon the tabulation of the Assessment Ballots,the Board finds that there is not a majority protest which would defeat the Benefit Assessment. Therefore,the Board is authorized to adopt,apporve and levy the Benefit Assessment under Section 4 of Article XIII D of the California Constitution and to adopt the Benefit Assessment under Article 1012- 2.6 of the Contra Costa County Code. 11. On April 23,2002,the Board adopted Resolution 2002/257"Authorizing a special election for a Benefit Assessment and proposing adoption of a Benefit Assessment to provide funding for extended services for CSA M-31 ("Pleasant Hill BART Station Area"}. If this special tax is approved,the Board presently anticipates that the Extended Services will be financed by the Benefit Assessment. 12. LAFCO is tentatively scheduled to consider the action for formation of CSA M-31 on July 10,2002. Now,therefore,the Board of Supervisors ORDERS AND RESOLVES THAT: I. The Board hereby adopts and approves the Benefit Assessment and confirms the Tentative Report. Pursuant to Article 1012-2.6 Contra Costa County Code the Board levies the Benefit Assessment to be placed on the tax rolls during Fiscal Year 2002/2003 and any year in which the Benefit Assessment is to be collected. This action is taken subject to LAFCO approval of formation of CSA M-31 Pleasant Hill BART Station Area. RESOLUTION NO. 2002/36), PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: June 11, 2002 TO: Board of Supervisors FROM: Maurice M. Shiu,Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Formation and Levy of Assessment M-31 Pleasant Hill BART Station Area I,Maurice M.Shiu,Public Works Director for the County of Contra Costa,State of California,having canvassed the return of all votes cast in the proposed formation of new County Service Area M-31 held between April 25,2002 and June 11,2002 do hereby certify the following to be a full,true and correct Statement of Results of all votes cast on the following measure: County Service Area M-31 Formation and Annual Assessment for the Pleasant Dill BART Station Area YES NO I further certify that the total number ofballots cast in the proposed annexation of Pleasant Hill BART Station Area into County Service Area M-31 at said election was and attached hereto are the total ballots receive for and against annexation and assessment. Dated the 11th day of June, 2002. SE:sr G:\GrpData\SSpDist\Baard Orders12002\06 June\06-12-02 BO-Pleasant Hill BART.doc cc: H.Ballenger,Engineering Services M.Morton,Engineering Services S.Epperly,Special Districts J,Rushton,Special Districts